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PanelMed-legalDenied

Maria Hernandez — ADJ12727611

MARIA HERNANDEZ, Applicant vs. PRIME HEALTHCARE SERVICES (DESERT VALLEY HOSPITAL); SAFETY NATIONAL CASUALTY, administered by AMERICAN CLAIMS, Defendants

ADJ number: ADJ12727611
Decision date: Oct 16, 2022
District office: San Bernardino District Office
WCJ: —
Claim administrator: American Claims (administrator for Safety National Casualty)
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

LC §5904LC §4062CCR §10955CCR §10682

Summary

Applicant Maria Hernandez petitioned for reconsideration/removal of a WCJ decision in a claim against Prime Healthcare Services (Desert Valley Hospital). The decision incorporated stipulations as to employment and AOE/COE, making it a final order, but the petitioner challenged only an interlocutory finding regarding the admissibility/weight of a medical report. The Board applied the removal standard and found that petitioner failed to show significant prejudice or irreparable harm. The Board offered guidance noting that while defendant's November 5, 2020 objection to the November 20, 2017 report was untimely under Labor Code section 4062, applicant waived that objection by failing to raise it until filing a DOR on May 4, 2021. The Board denied the petition.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.